The SPDES Phase II Program · 2013-02-14 · boundaries of the MS4’s storm sewershed utilizing...
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The SPDES Phase II Program February 14, 2013 NYSDEC – Bureau of Water Permits
Transcript of The SPDES Phase II Program · 2013-02-14 · boundaries of the MS4’s storm sewershed utilizing...
The SPDES Phase II ProgramFebruary 14, 2013
NYSDEC – Bureau of Water Permits
Clean Water Act The 1948 Clean Water Act (CWA) established the
basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters
The 1972 CWA made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was obtained.
The 1987 amendments to the CWA required a phased approach to address water quality degradation caused by stormwater
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Why do we do this: For starters, polluted runoff has been deemed the nation’s greatest threat to clean water. Stormwater runoff flows into storm sewer systems or directly into lakes, streams, rivers or wetlands, potentially contaminating the water we use for drinking, swimming and fishing, and threatening the health of fish and other aquatic life. 1993 Phase ILarge MS4’s – in NYS this equated to New York City 2003 Phase IISmaller Communities in urbanized areas who met EPA’s criteria based on 2000 Census Phase III Here we are. MS4s are now designated by the 2010 census EPA intends to propose a rule to strengthen the national program by by June 10, 2013 and finalize by 12/10/14. The proposed national rule making is considering exploring options for expanding the protection of the MS4 program. This rule making is open for public comment, therefore, MS4s do have a voice in the program. http://cfpub.epa.gov/npdes/stormwater/rulemaking.cfm
SPDES Phase II Program
SPDES General Permit for Construction Activity – GP-0-10-001
SPDES General Permit for Municipal Separate Storm Sewer Systems (MS4) –GP-0-10-002
SPDES Multi-Sector General Permit (MSGP) for Stormwater Discharges Associated with Industrial Activity –GP-0-12-001
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Explain DEC’s role versus EPA’s role: How New York State is a delegated state.
MS4 Program
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For today, we are going to be focusing mainly on the MS4 Program.
What is an MS4?
Municipal SeparateStorm Sewer System
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The biggest question is “What is an MS4”. The term “MS4” stands for: Municipal Separate Storm Sewer System, and MS4 is simply an easier way of saying that mouthful.
Definition of Regulated Small MS4s Municipal Separate Storm Sever System is defined as:
Any stormwater conveyance or system of conveyances (including roads with drainage) that are owned or operated by a State, city, town, village, ...
“Small” MS4s defined as: Any MS4 that is not already designated and regulated
as large or medium under Phase I. (i.e. those less than 100,000 in population)
Regulated Small MS4 are: located in an “Urbanized Area” population of 50,000
and overall density of 1,000 per square mile, and/or “designated” by DEC due to water quality concerns
3 Categories of MS4’s
Traditional Land-Use Control • City, Town or Village with land use control
authority
Traditional Non-Land Use Control• Any County agency without land use control
Non-Traditional • DOT, Thruway, County Highway Departments, • Other State Agencies, Authorities • Airports, State and Community Colleges, School Districts• Post offices, VA hospitals, military bases, prisons• Water, sewer, and other special districts
I Qualify As An MS4 – Now What?
MS4 Program Requirements
Contains the six minimum control measures
Utilizes approved Best Management Practices(BMPs)
Implement program to Maximum Extent Practicable
MS4 operators must implement a stormwater management program (SWMP) that:
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Maximum Extent Practicable is a technology-based standard established by Congress in the Clean Water Act. is a technology‐based standard established by Congress in the Clean Water Act. When trying to reduce pollutants to the MEP, there must be a serious attempt to comply, and practical solutions may not be lightly rejected. If a covered entity chooses only a few of the least expensive methods, it is likely that MEP has not been met. On the other hand, if a covered entity employs all applicable BMPs except those where it can be shown that they are not technically feasible in the locality, or whose cost would exceed any benefit to be derived, it would have met the standard. MEP required covered entities to choose effective BMPs, and to reject applicable BMPs only where other effective BMPs will serve the same purpose, the BMPs would not be technically feasible, or the cost would be prohibitive.
Six Minimum Control Measures
1. Public education and outreach
2. Public participation & involvement
3. Illicit discharge detection and elimination
4. Construction site runoff
5. Post-Construction Stormwater Management
6. Pollution prevention & Good housekeeping
MCM 1: Public Education and Outreach
Identify: Pollutants of Concern (POC);
Waterbodies of Concern;
Geographic areas of concern and
Target Audiences
What are Pollutants of Concern?Phosphorus and Nutrients
Metals
Oily Sheen
Sediment
Floatables - Litter
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Phosphorus (and other nutrients) Some sources of nutrients are fertilizer, excrement and detergents Silt and Sediment Sediment generally is the result of soil erosion from construction activity, lawns, hillsides and gardening/landscaping activities. Toxic Substances (gasoline, household products and paint thinner) Residential: Pet waste, vehicle fluids (oil, gas and antifreeze) paint, pesticides, solvents, batteries, hazardous wastes, street litter, soap from car washing and swimming pool discharges. Businesses: Fuel, soap from equipment washing, waste process water and hazardous liquids. Construction: Sediment, wash water from concrete mixers, used oil and solvents, vehicle fuels and pesticides. Pathogens (bacteria, viruses) Bacteria and viruses include infectious agents and disease producing organisms normally associated with human and animal wastes, leakage from sewers and seepage from septic tanks. Oil and Grease (petroleum products) Floatables (litter)
Water Bodies of Concern AND Geographic Areas of Concern
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Waterbodies of Concern should consist of natural resources within your community – things such as rivers, streams, wetlands, ponds and lakes are waterbodies of concern. Geographic areas of concern are not only the areas surrounding these natural resources, but may also be a commercial district, an industrial area or residential area. The idea is to focus your resources and energy where it is most needed. It is not feasible to target the entire municipality for one or two pollutant sources if the pollutant of concern is not relevant to the entire municipality. For example, if one of your pollutants of concern is litter and you find that your business/commercial district is the largest contributor of litter, then you would focus educational and outreach efforts on preventing litter in that area. For residential, you may find you need to target disposal of pet waste or grass clippings, and again, your educational and outreach efforts in that geographic area of concern would focus on those items.
Who Is Your Target Audience?
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Your target audience is just that – who will you be directing your education and outreach efforts at. It may consist of: Residents Business/Commercial Owners and Operators Industrial Owners and Operators Municipal staff Property owners Students ETC….
MCM 2: Public Participation and Involvement
Comply with State Open Meetings Law and local public notice requirements
MCM 2 Identify a Local Stormwater Public Contact
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This is your local point of contact for public concerns regarding stormwater management and compliance with the SPDES permit. The name, title, and telephone number must be published in public outreach materials and kept updated with the Department on the MCC (Municipal Contact Certification) form of the Annual Report
MCM 2 Develop and implement a public
involvement/participation program
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This is where you would identify key individuals or groups, both public and private, who are interested in furthering the goals of the SWMP – this can range from local scouting troupes to garden groups to business owners to local environmental groups You would also describe the activities that will be undertaken by these groups, such as stream clean ups, storm drain stenciling, community rain garden planting, etc.
MCM 2 Select and Implement public involvement/
participation activities and measureable goals to reduce POC’s
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Select the activities you have identified for your key individuals and describe how they will be implemented. Then get it done….
MCM 2 Annual Report Presentation
A DRAFT Annual Report must be presented to the public for questions and comments prior to submitting a Final Report
By June 1st a Final Annual Report must be submitted to the Department that includes a summary of public comments,(intended) responses, and proposed changes to SWMP
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This can be done: At a meeting that is open to the public, such as an existing board meeting, town board, planning board or zoning board; By making the report available to the public on a website, providing the public has the opportunity to provide comments on the internet; Making available the opportunity for the public to request an open meeting to ask questions or provide comments on the report. You must also provide public notice about the presentation of the annual report, indicating the location where the report can be viewed, such as the municipal clerk’s office, the library, town hall, city hall, etc.,
MCM 3: Illicit Discharge Detection and Elimination
Develop, implement and enforce a program to detect and eliminate illicit discharges
An Illicit Discharge is defined as a discharge not entirely composed of stormwater into the MS4 system such as sanitary sewage**, garage drain effluent, waste motor oil, or any other non-permitted discharge which the MS4 or the Department has determined to be a substantial contributor of pollutants to the MS4
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It
MCM 3 Develop and maintain a
map with the location of all outfalls and names and locations of all surface waters of the state that receive discharges from those outfalls
Map the preliminary boundaries of the MS4’s storm sewershed utilizing GIS or other tools
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An outfall is defined as any point where a municipally owned and operated separate stormsewer system discharges to either the surface waters of the State or to another MS4. Outfalls include discharges from pipes, ditches, swales and other points of concentrated flow.
MCM 3 Field verify outfall
locationsConduct an outfall
reconnaissance inventory, addressing every outfall at least once every five years.
Map new outfalls as they are constructed or discovered
MCM 3 Prohibit, though a law, ordinance or other
regulatory mechanism, illicit discharges into the MS4 and implement appropriate procedures and actions.
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This mechanism must be equivalent to the State’s model IDDE local law and must be attorney certified as being equivalent to the State’s model local law. Even if the State’s model IDDE local law was adopted in its entirety, it still must be certified by the attorney representing the MS4 as effectively assuring implementation of the State’s model IDDE law.
MCM 4: Construction Site Runoff Controls
Develop, implement and enforce a program that: Provides equivalent protection to the NYS
SPDES Permit for Stormwater Discharges from Construction Activities (GP-0-10-001)
Addresses stormwater runoff from construction activities that result in a land disturbance of greater than or equal to 1 acre
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Control of stormwater discharges from construction activity disturbing less than one acre must be included in the program if: that construction activity is part of a larger common plan of development or sale that would ultimately disturb more than 1 acre OR if controlling such activities within a particular watershed is required by the Department
Larger Common Plan of Development or Sale
Means…a contiguous area where multiple separate and distinct construction activities are occurring, or will occur, under one plan. The term “plan” is broadly defined as any
announcement or piece of documentation –including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, computer design, zoning request, SEQRA application, etc.
MCM 4
Enactment and implementation of a law, ordinance or other regulatory mechanism to require a SWPPP for each applicable land disturbing activity that includes erosion and sediment control that meet the State’s most current technical standards
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Similar to the IDDE law, this local law must be certified to be equivalent to the State’s model local laws for stormwater management and erosion and sediment control
MCM 4
The program must contain requirements for construction site operators to implement erosion and sediment control practices
Allow for sanctions to ensure compliance to the extent allowable by State law
MCM 4
Describes procedures for SWPPP review with consideration of potential water quality impacts AND review of SWPPPs to ensure consistency with State and local sediment and erosion control requirements
Describes procedures for site inspections and enforcement of erosion and sediment control measures
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The procedures for site inspections should also include steps to identify priority sites for inspection and enforcement, this can be based on the nature of the construction project (large clearing and grading, or several lot subdivision) past performance by contractors (bad-actors) or even the topography of the area, are there steep slopes or is the site in close proximity to natural resources, such as a wetland, stream or pond.
MCM 5: Post-Construction Stormwater Management
Develop, implement and enforce a program that: Provides equivalent protection to GP-0-10-
001 Addresses stormwater runoff from new
development and redevelopment projects that result in a land disturbance of greater than or equal to 1 acre, or less if part of a Larger Common Plan of Development or Sale
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MCM 4 and 5 are often combined because they are tied together by virtue of the type of construction project you are dealing with
MCM 5 Includes a local law, ordinance or other
regulatory mechanism requiring post-construction runoff controls from new development and re-development projects to the extent allowable under State law that meet the State’s most current technical standards
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Again, this local law must be certified by the attorney representing the MS4 as being equivalent to the State’s Model local law.
MCM 5 Includes a combination of structural or non-
structural management practices – according to the most current version of the NYS Stormwater Management Design Manual, that will reduce the discharge of pollutants to the Maximum Extent Practicable
MCM 5During development of watershed plans, municipal comprehensive plans, open space preservation programs, local laws, ordinances and land use regulations, MS4’s must consider the principles of Low Impact Development, Better Site Design and other Green Infrastructure to the Maximum Extent Practicable
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MS4’s are required to review according to the Green Infrastructure practices defined in the Design Manual and are also encouraged to review and review where appropriate, local codes and laws that may have provisions that would preclude green infrastructure or construction techniques.
MCM 5
Review SWPPPs and perform Inspections the same as for MCM 4
Maintain an inventory of post-construction stormwater management practices (at a minimum, those practices installed since March 2003)
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This inventory shall include (at a minimum) the location of the practice, either street address or coordinates; the type of practice; the maintenance needed per the Design Manual or other provided documentation, the dates and types of maintenance performed
MCM 6: Pollution Prevention and Good Housekeeping
Develop and implement a pollution prevention/good housekeeping program for municipal operations and facilities
MCM 6 The program must address municipal
operations and facilities that contribute or potentially contribute pollutants of concern to the MS4 system. These operations may include:
• Street and bridge maintenance• Vehicle and fleet maintenance• Municipal facilities – Police and Fire Departments,
Public buildings such as DPW, Highway, Municipal offices or libraries, Parking lots, Athletic fields or Parks, POTW, etc.
MCM 6
At a MINIMUM – every 3 years perform and document a self-assessment of all municipal operations
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The purpose of this self-assessment is to determine potential sources or actual sources or pollutants generated by the MS4’s operations and facilities To identify municipal operation and facilities that will be addressed by the pollution prevention and good housekeeping program Set priorities based on location and proximity to water bodies of concern or geographic areas of concern, or operations most in need of upgrade and modification
MCM 6 Employee pollution
prevention and good housekeeping training program
Select and implement appropriate pollution prevention and good housekeeping BMPs
When Do I Begin?
You will be notified in writing that a permit for discharges from MS4 is required
Within 180 days of this notification the MS4 must either:
1. Apply for and obtain a WaiverOr
2. Submit a completed Notice of Intent to Department
Wait, I can waive out of the program?
Wai
verE
ligib
ility
Dec
isio
n Does the MS4 serve a population of less than 1,000 within the urbanized area?
You are NOT eligible for a
waiver
You may be eligible for a
waiver
Are any of the waterbodies impaired for the following?
•Ammonia•Aquatic Toxicity•Cadmium•Copper•Dissolved Oxygen/Oxygen Demand
•Floatables
•Nitrogen•Nutrients•Pathogens•Phosphorus•Silt/Sediment•Temperature•Turbidity
Have any of the waterbodies that receive discharge from the MS4 been identified as being impaired?
Note: You must consider any discharge that flows through another regulated MS4.
You may be eligible for a
waiver
You are NOTeligible for a
waiver
NoYes
NoYes
NoYes
*Just because an MS4 is eligible for a waiver, does not mean one will be granted. DEC will consider potential for growth and site specific considerations.
OK I cannot waive out of the program.
So, how do I begin?
Notice of Intent (NOI)
The NOI is the foundation of your stormwater management program plan
Identifies the actions to be taken under each minimum control measure
Identifies how success of program will be measured
Preparing NOI During the 180 day preparation. Identify urbanized area boundaries Find and/or understand system within urbanized
area boundaries (NO need to fully map)
Definition: A conveyance or system of conveyances owned or operated by a State, City, Town, Village, …
Identify impaired waterbodies that receive discharge from system
Identify Primary Stormwater Management Program contact person
Preparing NOI Begin to identify staff who will be responsible for various elements such as: Educating and training construction site
operators of requirements for a SWPPP
Public Education and Outreach
Receipt and consideration of information submitted by public
Pollution Prevention and Good housekeeping program
Preparing NOI Consider how you as an MS4 plan to Provide coordination and cooperation amongst
staff
Record and track documents
Schedule important meetings
Provide the necessary information to the public in regards to MS4 program and SWMP
Submit NOI Submit a complete and accurate NOI to
MS4 CoordinatorNYS DEC, Bureau of Water Permits625 Broadway, 4th FloorAlbany, NY 12233-3505
DEC reviews NOI for completeness and either Determines NOI incomplete and rejects NOI
Or Determines NOI is complete and public
notices NOI
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The Department will review your NOI for completeness (note that in order to be considered complete, all required elements must be checked and Section E must identify initial measureable goals for each MCM). Once the Department determines your NOI to be complete, the Department must make it available to the public for comment. The NOI will be posted in the Environmental Notice Bulletin (ENB) and on the DEC website for 28 calender days. The Department will need to consider any comments received and may require additional information, submission of an application of an individual permit or accept the NOI as complete. Coverage will begin upon receiving written notification (acknowledgment letter)
Public Notice of NOINOI is posted for 28 days on
Environmental Notice Bulletin (ENB) AND DEC Website
Department considers all comments and Requires additional information, Submission of individual permit, or Accept s NOI and issues acknowledgment
letterCoverage begins upon receiving
acknowledgment letter
Development and Implementation of your Stormwater Management
Program Plan
Stormwater Management Program Plan
The SWMPP documents the planned and implemented components of your SWMP
It contains the six minimum control measures and the goals and achievements under each MCM
It describes how pollutants in stormwater runoff will be controlled
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Timeline Permit requires that a SWMP is developed
within the first 3 years
At the end of the first 3 years the permit requires that the SWMP is being fully implemented
Permit contains a schedule of compliance that specifies completion dates of specific tasks (refer to handout)
Stormwater Management Program Plan
Documents to include: Your local laws for Construction and IDDE Inter-municipal agreements (if applicable) Staffing and their responsibilities under the SWMPP Program Budget Policies and Procedures Materials for each MCM Operation and Maintenance Schedules Documentation of Public Outreach Efforts Construction Site SWPPPs and Review
letters/documentation Construction Site Inspection Reports
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There are other documents that should be included, such as the Attorney Certification of your local laws. Etc…The SWMPP should include a detailed WRITTEN explanation of all management practices, activities and any thing else that the MS4 has developed, planned and/or implemented to address the Pollutants of Concern and to reduce pollutant discharges from their MS4. Most importantly, the SWMPP should be revised and updated to incorporate any new goals and objectives, to record progress, and to modify or update staffing, O&M schedules and policies and procedures.
Do I really need to do ALL of this?
Compliance Violations
Failure to adequately implement your program can subject you to sanctions from DEC or EPA and fines of up to $37,500 per violation per day.
Citizen Suits
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EPA DEC We are looking for compliance and implementation of your Stormwater Management Program Plan Are you setting and achieving your goals? Are you implementing your program? Are your local laws enacted and are they being enforced? Good Housekeeping of Municipal Operations? Is progress being made? Are outfalls mapped? Is stormsewer shed mapped? Dry weather reconnaissance performed of outfalls?
Is there any funding available?
Look for the Water Quality Improvement Project (WQIP) program grants at:http://www.dec.ny.gov/pubs/4774.html
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Since 2003 the Department has made grant funding available to help the MS4 communities implement their permit. This has been done through the Water Quality Improvement Project program, which is also know as WQIP. Municipalities apply for the funding and it is a reimbursement program. The grants are typically 75% of the implementation costs and the municipality is responsible for the remaining 25% of the project costs. Currently, there is not an Request for Proposals available, however I encourage you to visit the WQIP web page and to bookmark it. The grants application period will be announced via the web site so check it frequently.
How can I hear about program updates?
The Department uses electronic media as much as possible. Web pages:
• Newly Designated MS4• MS4 Toolbox• Stormwater Training Calendar• We will update pages as new information becomes
available.
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The Department uses electronic media as much as possible to get the word out about our programs and to provide people with information. We encourage you to visit our web site and become familiar with it. Check back often because we frequently add new material.
How can I hear about program updates? (con’t)
• Making Waves listserve• The Division of Water sends a Making Waves
email every Thursday. • The purpose of the listserve is to provide
information to those interested in new developments that affect the waters of New York State.
• http://lists.dec.state.ny.us/mailman/listinfo/makingwaves
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Belonging to the Making Waves listserve is the best way to hear about current developments to the program and new postings to the web site. I encourage you to sign up for the listserves and to read the emails that come only once a week (FYI to the presenters: we do not give out or sell the contact info of the people belonging to the Making Waves listserve.).
Training Opportunities
Narrated On-Line Stormwater Training Videoshttp://www.ocgov.net/planning/environmentwater/StormwaterVideo5Training Video - Part I: Basic Stormwater Planning and Permit
ConceptsTraining Video - Part II: Better Site Design and Green Infrastructure
Approaches to Stormwater ManagementTraining Video - Part III: Project Review Using the New Runoff
Reduction Stormwater Design ProcessTraining Video - Stormwater System, Outfall, and Sewershed
Mapping for MS4'sTraining Video - Municipal Review of Stormwater Pollution Prevention
Plans
Training Opportunities Stormwater Management Training Series
(multiple courses/dates) Sponsors: Cornell University Cooperative Extension, Orange County
Location: Cornell University Cooperative Extension, Orange County, 18 Seaward Avenue, Suite 300, Middletown, NY 10940Contact: Rose Baglia at [email protected] or Tiffany Glavan [email protected], 845-344-1234, http://cce.cornell.edu/orange
Sponsors: Stormwater Coalition of Monroe County and Monroe County SWCDLocation: Henrietta Fire Training Center, 60 Erie Station Road, Henrietta, NY 14586Contact: Kelly Emerick, 585-473-2120, Ext 3; [email protected], www.monroecountyswcd.org
Sponsors: Saratoga County Cornell Cooperative ExtensionLocation: Saratoga County Cornell Cooperative Extension, 50 West High Street, Ballston Spa, NY 12020Contact: Blue Neils, 518-885-8995 Ext. 224, www.saratogastormwater.org
Sponsors: Central New York Regional Planning & Development BoardLocation: CNY RPDB, 126 N. Salina Street, Syracuse NY, 13202Contact: Kathleen Bertuch at [email protected] or 315-422-8276 Ext. 208 www.cnyrpdb.org/stormwater
Training Opportunities
DEC’s MS4 Permit and Forms pagehttp://www.dec.ny.gov/chemical/43150.htmlDEC’s MS4 toolboxhttp://www.dec.ny.gov/chemical/8695.htmlDEC’s Training Calendar for more training
opportunities:http://www.dec.ny.gov/chemical/8699.html
Helpful Links DEC: http://www.dec.ny.gov/chemical/8468.html EPA: Stormwater Outreach Toolbox:
http://cfpub.epa.gov/npstbx/index.html EPA: Fact Sheet Series:
http://cfpub.epa.gov/npdes/stormwater/swfinal.cfm Capital District Regional Planning Commission
http://cdrpc.org/ Center for Watershed Protection: http://www.cwp.org/ Stormwater Coalition of Albany County
http://www.stormwateralbanycounty.org/
